Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Appeal against conviction - Mandatory provisions of Section 50 of the Act not complied with - Link evidence held to connect the accused with the alleged recovery held to be missing - No independent witnesses joined despite the secret information available with the police about the accused having opium in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Criminal Procedure Code, 1973, Section 313 - Appeal against conviction - Link evidence - Not put to the appellants when examined under Section 313 Cr.P.C. - Cannot be considered by the Court for convicting the appellants - Since this link evidence cannot be considered,the report of the Chemical Examiner..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Sample of contraband - Delay of 17 days in sending to the Forensic Science Laboratory - No explanation furnished by prosecution - This lapse of the prosecution has not been taken happily by the Courts and caused dent in the prosecution story...........
Constitution of India, 1950, Article 226 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 15 and 32A - Bail - Suspension of sentence - Army Act, Section 69 - Petitioner/Convict tried and sentenced by General Court Martial - Challenges the said order of conviction and sentence by way of Criminal Writ Petition - Held - Section 32A of the Act is all along to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Appeal against conviction - Provisions of Sections 50, 52, 55 and 42(3) of the Act violated - Trial Court brushed aside the argument saying that occurrence is dated 03.02.1986 and Act had come into force only on 16.09.1985 - The police officials may not have been fully aware of the various steps required..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 50 -- Appeal against conviction - Vehicle driven by accused stopped on suspicion - Conduct of the accused aroused suspicion leading to search - No offer made to the accused if they so chose search will be conducted in the presence of a Gazetted Officer or a Magistrate - The provisions of Section 50 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1) -- SHO not recorded the grounds for his belief before entering upon search that he has reason to believe that some contraband offending this Act was being carried in the vehicle - And that an attempt to get a search warrant from competent Magistrate would frustrate the object or facilitate escape of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Contraband and the samples allegedly recovered from the accused lying without seal and case number - Some of them damaged and some scattered on the floor and some even outside the property room - Will certainly go to affect the case of the prosecution and cast a lot of doubt...........
Criminal Procedure Code, 1973, Section 389 -- Narcotic Drugs and Psychotropic Substances Act, 1985 Section - 32A - Sentence - Suspension of - Bail & Recovery of 20Kg. of poppy husk - Conviction and sentenced to 10 years RI and fine of Rs.One Lakh - Underwent sentence for more than two years - Plea for suspension of sentence on the ground that after the death of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 18, 31(a) -- Death sentence - Appeal against conviction - No offer was made by the D.S.P. giving option to the accused to be searched before a gazetted officer or a Magistrate - Offer given was partial one seeking his consent as to whether he would be satisfied if he was subjected to a search by the DSP in..........
